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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27109
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If a person has a paid attorney and attorney ask to be

Customer Question

If a person has a paid attorney and attorney ask to be released from case. Can victim be denied a public defender. When he clearly has no money at all. But his wife is barely surviving since they won't give him a bond
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
The judge can deny him a public defender if the judge believes he's not indigent. The fact that he was able to retain private counsel in the first place would indicate that he has the means to hire a lawyer.
If his income is low enough for a public defender and he can prove that by producing his tax statements, bills and proof of his income and assets, he can ask for an indigency hearing. That's a special hearing allowing the judge to look over his financial records and see for himself that there is no possible way the defendant can afford a lawyer without incurring great financial hardship.
If he loses the hearing, he will be expected to hire another private lawyer.

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